E83 
.836 
.IV168 



25th Congress, 
2d Session, 



[ SENATE. ] 



[ 342 ] 



MEMORIAL 

OF 

THE CORPORATE AUTHORITIES OF THE CITY OF MOBILE, 



PRAYING 



Reimbursement of advances made for supplies and equipments for the 

Creek volunteers. 



March 32, 1838. 
Referred to the Committee on Military Affairs. 
Mahch 28, 1838. 

Bill reported, (S. 290,) and ordered o be printed. 



To the Senate and House of Representatives of the United States in 

Cmgress asembled : 

The memorial of the corporate authorities of the city of Mobile, 

Respectfully aEPRESENXs to your honorable bodies : 

That in the besinnino- of Creek Indian hostilities, the Governor of the 
Stl of Alabama^ made\ call on the county and city of Mob^^^^^^^^^^ 
Ml companies of mounted men. The men, with a spirit ot P'-°P«f 
immedirtelv tendered their services, but they were not mounted, nor was 
teelfotcer near at hand to equipthem, or even furmsh their t^ansporU 
ation to the place of rendezvous. The reason of the call is ^ell taowr to 
^our honorable bodies. Imminent and i«;n»ed.ate danger was thre=^tened^^^^^^ 
defenceless population in the interior. It was quite f^'n "^t the ineans 
of defence could not be speedily procured at any point so "^e' .«f^^t.*e city 
of Mobile, and rapidity of movement was the great and essential object an 
appeal was made to the city authorities for the means of purchasmg horses 
S such equipments and supplies as the press ng demand requued by a 
Ztion of our fellow-oitizens; indeed, the suffenngs of o'J^/f "^^f .^f/ 
fhe interior came too rapidly, and in representations too aPP'-^ll'^^^to ^^^^ 
vass the expediency of the measure ; the city authorities voted forty-five 
rid XlLs, Ihich was at once placed in the han^s « ^^is^^^^^^^ 
officers and nearly the whole amount was expended. It is now known to 
bfrheavy eSLJiture, but the demand was too ^^^-^^J^^^ P™; 
dence an/ carl in making the requisite purchases. This fact is certam-the 
money w as expended, and expended, too, in the pubhc service. Th. Oov- 

Blair & Rives, printers. 



[342] 2 

ernor of our State has been called on, and we have received for reply, that 
the State nor General Government had neither furnished him with the 
means of paying the amount, and referring us to the officers of the United 
States. Captain Hardmo^ was clothed with authority, as we were informed. 
An applicaticm was made to him ; the horses of one company he received 
as the property of the United States ; the horses of the other company were 
received at Montgomery by an officer of the United States ; and the com- 
pany sent as a guard, as far as Mobile, with the emigrating Indians. Thus 
we flattered ourselves that the heaviest item in the expenditure was to 
be borne, of course, by the United States, and the city at once reimburs- 
ed the price of the horses. Those received by Captain Harding were sold 
at pubhc auction in the city, as was thought on account of the United 
States; we were afterwards informed that the act was not recognised by the 
department. Those received at Montgomery, we were soon informed, could 
not longer be fed at pubUc expense, and that the corporate authorities must 
designate an agent to receive them; before an agent could be appointed, we 
were notified that they were at the expense of the city. To prevent a great 
loss, persons were immediately despatched for them, their expenses paid, 
and at great cost they were brought to the city, when Captain Harding 
directed their sale, and the corporate authorities were notified to await the 
decision of the Government of the United States. Thus the expense, heavy 
at first, has accumulated, and the city lias and still does endure the loss. It 
is known that the Government has assumed the expenditure of the State in 
this war, and we confidently hope that the city of Mobile will be fully 
indemnified for her losses. Our city is in a state of rapid improvement ; the 
enterprise of her inhabitants call for great and extensive public improve- 
ments to keep pace with private improvements ; we are in fact in the state 
of expenditure, and some time must elapse before we shall be free from 
embarrassment. If we are not speedily relieved from the advance made, it 
will add no little to our embarrassments. We, therefore, most respectfully 
pray your honorable bodies to pass such act as in your wisdom may seem 
just m the premises ; and as in duty bound will ever pray, &;c. 
By order of the board. 

G. W. OWEN, Mayor. 

City of Mobile, December 16, 1836. 



A. 

Mount Vernon Arsenal, 

August 3, 1836, 

Sir : The corporation of Mobile equipped for the Creek war two com- 
panies of mounted infantry, and since the termination of the campaign, 
have demanded, under the late act of Congress, to be remunerated for ex- 
penses incurred in fitting out these troops, and have turned the horses over 
to the United States. 

Seventy of these horses are in my possession, and as they are very ex- 
pensive, 1 have written to Major Brant, at Montgomery, asking an order to 



3 [342] 

;ell them immediately. Should M.njor Brant, however, not feel authorized 
;o give such an order, the subject is submitted for your orders and uistruc- 
tions in tlie case. 

I am, sir, very respectfully, 

Your obedient servant, 

E. HARDING, 
Cajjtain Ordnance, acting Quartermaster. 

Major T. F. Hunt, 

Acting Q. M. Gen., Washmgton city. 



Montgomery, August 20, 1836. 
Gentlemen : A few days since I had placed in my hands, by Lieut. 
Grayson, of the United States army, of this place, seventy-eight horses be- 
ioncrino- to your honorable body, and am now waiting for instructions in 
relation to the said property. If I was allowed the privilege of advising 
upon the subject, 1 would advise the disposition of the property as soon as 
possible, as the condition of the horses is that of very low order. I think 
some of them may be disposed of at private sale to much better advantage 
than public, and should you determine so too, I would be glad to have the 
disposing of them, as I am acting auctioneer for the town of Montgomery. 
My reference for my responsibility will be to Messrs. Sayre, Converse, 
&'Co., of your city, who are personally acquainted with me. This meeting 
your approbation, orders will be strictly attended to. 

Yours, respectfully, 

BENJ. B. MORRELL. 

To the Mayor and Aldermen, 

Of the city of Mobile. 



B. 

Quartermaster General's Office, 

Washington. August 17, 1836. 

Sir : Your letter of the 3d instant has just bten received. You have 

erred in receiving the horses referred to, from the corporation of Mobile; 
there was no righl whatever, on the part of the corporation, to require you 
to receive them, nor any obligation on your part to do so. The act ot 
Cono-ress of the 28th May last, you will perceive, has no reference to the 
easel it is confined in its provisions to militia received into the service ot 
the United States for the defence of Florida. If these mounted companies 
were received into the service of the United States for the Creek war they 
came in under the acts of the 19th March and 23d May, 183b, which are 
full and explicit, and to which 1 would call your attention, if within your 
reach. 



f 342 ] 



4 



If you have not otherwise disposed of the horses, when you receive this 
letter, you will please return them to the corporation of Mobile. 

I am, sir, respectfully. 

Your obedient servant, 
T. CROSS, 
Maj. in charge of the Quartermaster's DepH. 
Capt. E. Harding, Act''g AssH Quartermaster^ 

Mount Vernon Arsenal^ Alabama. 



C. 

[extract.] 

f ~ Mount Vernon Arsenal, 

September 15, 1836. 

Your letter of the — ultimo, on the subject of horses, turned over to me 
by the corporation of Mobile, was duly received. I had, previously to the 
receipt thereof, on the 31st ultimo, disposed of these horses on my own 
responsibility, as they were very expensive, and believing that no officer 
would be viewed as faithful to his trust who would forage them a moment 
longer. 

The proceeds from the sale of the horses referred to, will be turned over 
to the city of Mobile, with a bill of expenses. 

I am, (fee, 

E. HARDING, 

Acting Quartermaster, 
Major T. Cross, Acting Qurtermaster General^ 

Washington city. 



D. 

Assistant Quartermaster's Office, 

Montgomery^ Ala.. August 17, 1836. 
Sir : A communication from the head quarters of the southern army, 
received yesterday, requires me to make an immediate arrangement in 
relation to the horses belonging to Captain Milton's mounted company. 
That communication required that you forthwith be informed of the course 
I was to pursue, and I accordingly have the honor to inform you, that yes- 
terday the horses were delivered to Mr. Benj. Morrell, of this place, for 
safe keeping, subject to your order, or the order of such individuals as you 
may select. Mr. Morrell will look to you for the payment of the keeping 
of the horses, and 1 have made the most advantageous bargain that the 
prices of forage and attention would permit. He takes the horses, gives 
them full allowance of corn, fodder, salt. &c.. besides all the attention which 
horses require, for 50 cts. per day for each horse. I would suggest to you^ 



5 



[ 342 ] 



sir the propriety of adopting immediate measures for their removal. I had 
the honor to communicate with you in relation to this subject on the mh 

instant. „ 

I am sir, very respectfully, 

Your most obedient servant, 

JOHN B. GRAYSON, 
Lieut, and Acting Quartermaster. 

To the Mayor 

Of the city of Mobile. 



Q^UARTERMASTER GeNERAL's OfFICE, 

Washington^ January 31, 1837. 
Sir- In reply to the fourth and fifth inquiries in the letter of the honorable 
Mr. Whitdesey of the 25th instant, which was referred to me from the War 
Department, yesterday, for a report, I have to state that, m August last, the 
corporate authorities of Mobile turned over to Captam Harding, actmg 
assistant quartermaster at Mount Vernon, Alabama, on account of the United 
States, seventy of the horses which had been purchased to mount the 
companies of volunteers furnished from that city, and demanded remuneration 

for them. ^ i . i 

As the acts of the 19th of March and the 23d of May last expressly 
required mounted volunteers to furnish their own horses, and provided an 
allowance for the use of them, there was clearly no obligation on the part 
of the United States to receive those horses from the corporate authorities 
of Mobile, refund their original cost, and bear the loss that would result 
from their sale; and, accordins^ly, on the facts being reported to me, 1 
apprized Captain Harding of the error he had fallen into, in receivmg the 
horses, and directed him, if he had not otherwise disposed of them when 
he received my instructions, to return them to the corporate authorities ot 
Mobile. (See papers A and B, herewith.) 

It appears, however, from his report (marked C) that, to avoid the heavy 
expense of keeping the horses, he had sold them of his own accord, before 
the receipt of my instructions, and, in order to conform to them substantially, 
he advises that '''the proceeds from the sale of the horses referred to, will 
be turned over to the city of Mobile, with a bill of expenses. I have 
received no farther report from him on this subject, but as he does not jiotice 
these horses in his subsequent accounts with the United States, it is not 
doubted that their proceeds were duly paid over. 

It appears from the letter of Lieutenant Grayson, acting assistant quarter- 
master, rpaper D,) that the horses of the other company, which were left 
with him at Montgomery, were placed at the disposition of the mayor ol 
Mobile. Hence it appears, that in neither case did the United States retain 
the horses or profit by their sale. . 

The corporate authorities of Mobile have not exhibited to this ollice any 
statement showing the application of the money advanced by that city. 
I am, very respectfully., sir. 

Your obedient servant, 

T. CROSS, 
Major^ acting Quartermaster General 

Hon. B. F. Butler, 

Secretary of War ad inter im, Washington. 



[ 342 ] 



6 



Paymaster General's Office, 
City of Washington^ January 27, 1837^ 
Sir: In answer to the letter of the honorable E. Whittlesey, chairman of 
the Committee of Claims, in the House of Representatives, of the 25th 
instant, which has been referred to me, from the War Department, for a 
report, I have the honor to state, that it is necessary to know the names of the 
captains who commanded the companies, to answer the inquiries. The papers 
submitted do not give the names, but in Lieutenant and Quartermaster 
John B. Grayson's letter to the mayor of Mobile, he mentions the horses of 
Captain Melton's company. 1 find among the rolls that have been returned 
to this office, one of Captain John Milton's company ; perhaps this is one 
of the two referred to in the memorial ; if so, the questions propounded by 
Mr. Whittlesey (so far as this department is concerned) can be answered as 
follows : 

1st. There are 86 men on the roll, officers included. 
2d. The company was in service from the 28th of May to the 27th of 
July, 1836. 

3d. In paying the men for their services, they were paid a per diem of 
40 cents for the use of their horses. 

On the 4th and 5th questions this department possesses no information. 
If any of the Senators and Representatives from Alabama can give the 
names of the captains of these two companies, a further examination and 
report will be made on the subject. The papers are herewith returned. 
With great respect, 

I am, sir, your most obedient, 

N. TOWSON, ' 

Paymaster General. 

To the Hon. B. F. Butler, 

/Secretary of War ad interim. 



War Department, 

February 11, 1837. 
Sir : The enclosed report from the Paymaster General, and that from 
the (Quartermaster General with its accompanying documents, contain such 
of the facts relative to the Mobile volunteers, requested in your letter of the 
25th ultimo, as the information possessed by this department enables it to 
furnish. 

It is proper to state that since the date of these reports, the papers have 
been detained for the purpose of mstituting a search for the name of the 
captain required by the Paymaster General, which has been done, but with- 
out success. 

The papers transmitted by you are herewith returned. 

Very respectfully, 

Your most obedient servant, 
B. F. BUTLER, 
Secretary of War ad interim. 

Hon. E. Whittlesey, 

Chairman Committee of Claims, 

House of Representatives. 

ICTJ- 1 1 3 



7 



[ 342 ] 



Executive Department, 

Tuscaloosa^ July 8, 1836. 

Dear Sir: Yonrs of the 1st instant, in relation to a sura of money bor- 
rowed and expended by the corporate authorities of Mobile, in the purchase 
of horses for some of the volunteer troops, now in the public service under 
the command of General Moore, has been received. 

You are doubtless aware that no sum whatever has been placed by the 
Legislature at my disposal, either for the purpose alluded to, or to pay any 
other expense which mio^ht be incurred in connexion with the defence of 
the country. It is possible, however, that the Legislature may, at the en- 
suing session, make an appropriation for the indemnity of your city ; and, 
for that object, I would suggest that application be made to that honorable 
body. 

1 am not informed whether any provision is made for such expenses by 
the laws of the United States. If so, you would do well to apply to Major 
J. B. Brant, Quartermaster of the United States army, now at Montgomery, 
engaged in the liquidation of claims connected with the Creek war. He 
will, at all events, give you such information as may be in his power. 

I am, sir, 

Yery respectfully, 

Your obedient servant, 

0. C. CLAY, 

Hon. G. W. Owen. 



At a meeting of the board of Mayor and Aldermen of the city of Mobile, 
held on the 15th day of December, 1836, the following resolution was 
unanimously adopted, viz : 

" Resolved, That the Mayor be authorized to forward to Congress a 
petition, on behalf of the corporation, praying reimbursement for the ex- 
penditures incurred by the city, in furnishing horses, equipments, and sup- 
plies for the Creek volunteers." 

A true copy from the minutes. 

Attest: J. H. HYDE, 

City Clerk. 




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